Dismissed

Malti Devi v. The State Of Bihar and Ors.

Patna HC6 Dec 2022CWJC/5466/2015

Case brief

AI extract

What is this about?

Writ petition filed by the Petitioner, Mukhiya of a Gram Panchayat, challenging a show-cause notice regarding alleged illegal construction. The Single Judge dismissed the petition, citing Supreme Court precedent that such notices do not infringe rights absent an adverse order.

What did the court decide?

The writ petition was dismissed; the petitioner is directed to file an explanation before the authority.

Malti Devi Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5466 of 2015

¶2

======================================================

¶3

Malti Devi, wife of Ashok Gupta, resident of Village- Nayagaon, Post OfficeNayaganj, Gram Panchayat- Nayagaon West, Police Station- Desri, BlockSahdai Bujurg, Sub- division-Mahnar, District- Vaishali at Hajipur.

¶4

... ... Petitioner

¶5

Versus

¶6

The State of Bihar

¶7

The District Magistrate, Vaishali at Hajipur. 3. The Superintendent of Police, Vaishali at Hajipur.

¶8

The District Fisheries Officer, Vaishali at Hajipur.

¶9

The Block Development officer, Sahdei Bujurg, District- Vaishali at Hajipur. 6. The Anchal Adhikari Sahdei Bujurg, District- Vaishali at Hajipur.

¶10

The Fisheries Extension Supervisor Vaishali at Hajipur.

¶11

The Ramadhar Sahni son of Shiv Charan Sahni resident of villageShekhopur, Block- Sahdei Bujurg, District- Vaishali at Hajipur.

¶12

Munna Sahni son of Jogi Sahni resident of Gram Panchayat- Rasulpur Habib, BVlock Desri, District- Vaishali at Hajipur.

¶13

... ... Respondents

¶14

====================================================== Appearance : For the Petitioner : Mr. Jitendra Kumar Roy, Advocate For the Respondents : Mr. Subodh Kumar, A.C. to S.C.-26 ======================================================

¶15

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

¶16

ORAL ORDER

¶17

2 06-12-2022 None appears for the petitioner.

¶18

Heard learned counsel for the State.

¶19

In this case, the petitioner is challenging the letter no.1051 dated 02.07.2014 issued by the District Magistrate, Vaishali at Hajipur addressed to the Block Development Officer, Sahdei Bujurg, District-Vaishali at Hajipur as well as letter contained in memo no.998 dated 04.07.2014 issued by the Block Development Officer, Sahdei Bujurg, District-Vaishali at Hajipur, by which the petitioner has been directed to file his explanation on the allegation of illegal construction over the

¶20

Patna High Court CWJC No.5466 of 2015(2) dt.06-12-2022 2/2

¶21

land of the pond of Gram Panchayat.

¶22

The petitioner is the Mukhiya of Nayagaon West Gram Panchayat. On the basis of the letter of the District Magistrate, Vaishali at Hajipur, the Block Development Officer, Sahdei Bujurg, issued a show-cause to the petitioner to submit his explanation on the allegation of illegal construction over the land of the pond of Gram Panchayat.

¶23

The Supreme Court in the case of Union of India & Another vs. Kunisetty Satyanarayana reported in (2006) 12 SCC 28 has held that a mere charge-sheet or show-cause notice does not give rise to any cause of action because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so.

¶24

In such view of the matter, this writ petition is dismissed with an observation that the petitioner may file his explanation before the authority, who will consider the same and pass an appropriate order in accordance with law.

¶25

(Sandeep Kumar, J)

¶26

pawan/- U

Malti Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Malti Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Govind Mishra Vs The Union Of India and Ors.

Akhilanand Sharma Vs The State Of Bihar and Ors.

Prem Shanker Prasad and Ors. Vs The State Of Bihar and Ors.

Md. Jalil and Anr. Vs The State Of Bihar and Ors.

Pramod Sah Vs The State Of Bihar and Ors.

Surendra Prasad Singh and Anr. Vs The State Of Bihar and Ors.